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(영문) 청주지방법원 2017.08.25 2016고단2715
업무상횡령
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, from January 2015 to June 2016, was engaged in the affairs of cash sales, deposit of accounts, management of accounts, etc. in the cafeteria operated by the victim D in the Cheongju-si, Seowon-gu.

On April 4, 2015, the Defendant arbitrarily consumed KRW 3,285,000 in total over 30 times during the period from around September 23, 2015 to around September 2015, as described in the list of crimes in the annexed sheet, while receiving food paid in cash by customers for the victim and being kept for business purposes.

Accordingly, the defendant embezzled the property of the victim while on duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Statement made by the police against D;

1. Fact-finding certificates, a statement of direct purchase expenditure, inquiry of liquidity details, and daily books;

1. Complaint;

1. The application of Acts and subordinate statutes of each investigation report (for a time, 7,9);

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the accused embezzleds the amount of money of the victim over 30 times in a short period; (b) disadvantageous circumstances such as the accused’s embezzlement; (c) the non-agreement with the victim; (d) the confession and depth of the accused; (e) the embezzlement amount is relatively large; (e) favorable circumstances such as the Defendant’s primary offender; and (e) other favorable conditions for sentencing as indicated in the records, such as the Defendant’s age, occupation, sex behavior; (e) family relationship; and (e) the circumstances before and after

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